Statement of Changes in Immigration Rules

Baroness Browning Excerpts

Tuesday 23rd October 2012 Lords Chamber

The Statement of Changes in Immigration Rules does a disservice to the taxpayer and to your Lordships’ House. It does not address the problem as the Government seek to say it does.

[Baroness Browning]

My Lords, I join this debate briefly because I was intrigued by the noble Baroness’s Motion. I have discussed it informally with the noble Baroness. Having looked at this and made a study of average wages, I think it would be helpful if my noble friend in replying could confirm what is in the instrument, as was drawn to the attention of the House by the Secondary Legislation Scrutiny Committee in its report back in July. The committee said:

“The changes to immigration rules contained in HC 194 are extensive although mainly intended to strengthen or clarify the current position and reduce overall numbers claiming a right to settlement on the basis of family life”.

I welcome the fact that we are having a much more open and honest debate about immigration than perhaps we would have had three or four years ago. I read the memoir, Back from the Brink, by the right honourable Member for Edinburgh South West, Mr Alistair Darling, the former Chancellor of the Exchequer, where he confirms that perhaps things were not spoken about in the past. Immigration is an issue, and it is something about which we should be a lot clearer and have a discussion.

If it is the intention of this rule that we are to reduce overall numbers, which is how I have interpreted it, equally the rule changes before the House in this instrument seem to make it absolutely clear that financially, among other things—and it is among other things, because the financial aspect of this minimum threshold of income is part of a package of rules—people who live in this country and have dependants can afford to maintain them as well as live an average life. I always think that it is difficult when we talk about averages. Therefore, the bar has been set at £18,600, although the appendix to the instrument refers to a,

“minimum income threshold of £18,600 for those who wish to sponsor the settlement in the UK of a partner of non-European Economic Area nationality”,

and says that a,

“higher threshold will be required for sponsoring any dependent child under the age of 18 in addition to the partner: £22,400 for one child and an additional £2,400 for each further child sponsored before the migrant parent qualifies for settlement”.

It would be helpful to the House if my noble friend could clarify how that threshold was set. If I have understood it correctly, it is the sort of policy that one sees elsewhere. It is a level set to ensure that people are not dependent on the state. But, equally, there is another dimension to people’s wealth within the family. I wonder whether my noble friend could touch on something that was debated in some fullness, along with the economic impact of immigration, by the Economic Affairs Committee of this House. I have a copy of the committee’s report from the Printed Paper Office. In 2007-08, noble Lords discussed the question of capital. Apart from the threshold of income, how is capital considered? I realise that the noble Baroness, in tabling this Motion, looked at those on low incomes and the impact that this measure might have on them, equally there are families for whom capital can be a substantial part of their income. Will my noble friend say a few words about those who sometimes would be regarded as capital rich but income poor? Capital does not seem to be mentioned here at all, so, going back to that very good report that came out of the Economic Affairs Committee of your Lordships’ House in 2007-08, will my noble friend touch on that issue?

In adverts that encourage people to migrate to other countries, one often finds a focus on certain occupations. In English-speaking Commonwealth countries, they are particularly focused on people with certain skills, who are able to carry out certain occupations. Presumably, apart from the need to recruit those skills into those countries, there is also a focus on the ability to be financially independent. I thought that I would contribute to today’s debate as earlier in the week I went through some research that looked at levels of pay. I realise again that we are dealing with these dreadful averages, which are never quite what our personal experience is of individual cases. For example, if we look at teachers’ pay, the scale point for people newly qualified starts at £21,588. Looking at the salary bands that might apply here, we are looking at professionals and we are probably looking at people who have gained qualifications in a trade or a profession that would make them employable on coming to this country.

I also took a quick look at regional variations, particularly the average salaries in cities and the different categories there. In London, the average salary is £33,000 a year, which is not typical perhaps because of the nature of London. I went up to Aberdeen and found it was £33,000—no different from London. In Bristol, in the south-west, the average was £27,900. I will not read them all out to the House but I did not find any figures in the average city salaries below the £18,600, or anywhere near it, that would sustain a family with two children.

I want to ask my noble friend this question and I ask for a frank reply to it. If we are reducing the number of people allowed to come to live and work in this country—which is what the instrument is about and this is an open policy as we realise these matters need to be brought under control—are we gauging it at £18,600 plus the additional amounts for dependent children on the assumption that people will have qualifications or professions in which they can work which would add to the British economy? Is that what is steering it? Can my noble friend give some indication as to whether that figure is to recruit people where we have skills shortages or just a bar that has been set to make sure that in opening our shores to people from abroad we are not encouraging dependency on the state?

Extradition

Baroness Browning Excerpts

Tuesday 16th October 2012 Lords Chamber

[Lord Taylor of Holbeach]

I thank my noble friend for that very important reminder that this House has an enormous asset in the Cross-Bench contributions, particularly from the noble and learned Lords who sit on them. Nobody, not even the Government, is going pass up the opportunity of free legal advice. I am sure that noble Lords will be very carefully listened to on the matters that have been raised. The Government recognise the complexities of the issue, but we feel that there is now an opportunity to change the arrangement and rebuild public confidence that extradition is properly and transparently conducted. It has been troubling the wider electorate, and this is an opportunity to put it right.

[Baroness Browning]

My Lords—

[Lord Morris of Aberavon]

My Lords—

[Baroness Stowell of Beeston]

The only group we have not yet heard from is the Conservative group.

[Baroness Browning]

My Lords, I refer to my interests in autism listed in the Members’ register. I welcome this Statement today about Gary McKinnon, but will my noble friend agree that the Home Secretary had the advantage of seeing medical reports from psychiatrists who have a working knowledge of Asperger’s syndrome, which made an enormous difference to the decision that she has made today? Over the past few years, I have had the privilege of reading Gary McKinnon’s medical reports. On moving decision-making from the Home Secretary to the High Court, will my noble friend discuss with his colleagues in the Ministry of Justice the need also for courts to be much more particular about where they source and commission such medical reports? The difference between a generalist psychiatrist assessing Asperger’s syndrome and those who have a working knowledge of it is the difference between justice and injustice.

[Lord Taylor of Holbeach]

I thank my noble friend for raising Asperger’s and autism in general, conditions which are extremely complex and difficult. She has been prominent in bringing that to the attention of Parliament. I am only too grateful to take her advice and recommendation, and to pass that on to colleagues in the Ministry of Justice.

Police and Crime Commissioners: Elections

Baroness Browning Excerpts

Thursday 11th October 2012 Lords Chamber

[Lord Taylor of Holbeach]

The noble Baroness is very kind in her welcome, and I am grateful for that. The whole point of the information campaign is to make sure that the public are in a position to make a proper choice. For this election, the Home Office is setting up a website on which all candidates will be able to post an election address—and, if they wish, there is a call-line as well. All this information and the contacts will be on the poll card. They will in a position to get a hard copy, should they wish to do so.

I am not going to answer the question about turnout. No one would do that. The success of this campaign will be in the effectiveness of the policy, which is to bring democratic accountability to the police force in a way that has not been the case up to now. I am sure that the noble Baroness supports that.

[Baroness Browning]

I welcome my noble friend to his new position at the Home Office. Would he agree with me that, if November was such a bad time to go to the polls, no political party in this country would move by-elections at that time of year, which of course they have all done? You do not hear the Americans whingeing away about how cold and wet it is in November—they go out and vote.

[Lord Taylor of Holbeach]

I thank my noble friend and predecessor in this post for making that point. The noble Baroness will be aware that future elections will be in May, when we hope that the weather will be so much more pleasant. Meanwhile, the Government and Parliament decided that they wanted these elections as soon as possible, which is why we are having them on 15 November.

Women’s National Commission

Baroness Browning Excerpts

Thursday 5th July 2012 Lords Chamber

[Baroness Verma]

My Lords, I thank the noble Baroness for her initial kind words, but perhaps I may reassure her and the House that we are, first of all, meeting the obligations under the Beijing platform because, through the Government Equalities Office, which is part of the Home Office, we are able to deliver all the requirements placed on this country to ensure that all voices are heard. However, we took on this programme on the basis of listening to people’s voices through a large consultation called Strengthening Women’s Voices. We found from the feedback that our approach is what women actually want.

[Baroness Browning]

My Lords, I declare an interest as a former government co-chairman of the Women’s National Commission. Does my noble friend accept that the strength of having a government Minister as co-chairman was that the commission set its own agenda—in other words, its priorities were at the top of the list and were not set by other people or government? Having a government Minister as co-chairman meant that those concerns went directly to the heart of government. That was the WNC’s strength—a strength that is no longer there.

[Baroness Verma]

My Lords, I am afraid that I have to disagree with my noble friend because, having spoken to many women through consultation, we found that a lot of women were not being talked to or involved in the sort of decisions that my noble friend would want. Also, because of social media and the internet, we are able to reach out far more to a greater number of women and women’s organisations. The fact that the Government are at the heart of this is the key to addressing those issues.

International Women’s Day

Baroness Browning Excerpts

Thursday 1st March 2012 Lords Chamber

[Baroness Browning]

My Lords, it is always a pleasure to follow the noble Baroness, Lady Lister. I congratulate my dear noble friend Lady Verma on initiating today’s debate. In her opening remarks, she spoke about entrepreneurs. Her own experience is as an entrepreneur and it is on that subject that I should like to pick up on points that have already been raised today by other colleagues.

I sometimes have a sense of déjà vu. I have now spent 20 years in politics and before that I spent 20 years in business—10 years working for a market leader in manufacturing in the UK and the following 10 years running my own business. At that time, I was involved in advising the then Government on women’s employment, particularly from the perspective of women who wanted to set up and run their own businesses. I also chaired Women into Business for many years. When I look back on the issues on which we lobbied the Government and sought to put to the forefront of the agenda in those days—that is some time ago—it is almost as though we have come full circle and are still talking about the same issues. Three of the key issues affecting women running businesses and wanting to start up businesses—they have all been mentioned—are childcare, access to capital and the whole area of supporting, encouraging, training and persuading them that they can take the big step of going into business. Somehow we seem to have come full circle. A lot has been achieved and we all know very successful people who have been there, done it, put themselves on the line and made their mark, but clearly we have more to do.

According to the Federation of Small Businesses, 29 per cent of entrepreneurs are women. If women set up businesses in the UK at the same rate that men do, we would have 150,000 more businesses every year. That is a phenomenal amount. If we are serious about setting up real businesses—I am talking about real businesses, not paying hobbies which sometimes get confused with real businesses—we have to look at how you grow businesses. It is not enough to say, “Start up a business”. Some businesses go very well from day one and are exceptionally successful in a very short order. The challenge for those businesses—this applies to men as well as women—is to grow the successful business while still having the working capital which will allow you to start taking on staff, perhaps move to larger premises and develop ranges of products rather than just one, as that is often a danger area. All that needs support, and I am not just talking about financial support.

I hope that the Government will look at this potential for women in the economy and will go further than the measures we have heard about today. I would like to make some suggestions to my noble friend. One follows a suggestion of the Federation of Small Businesses, which I think is absolutely spot on, and that is that Jobcentre Plus and its devolved equivalent should forge better links with established women’s business networks in the locality, such as Every Woman and the other business networks that we know of, and promote mentoring as part of continuing discussions about employment for women. People in Jobcentre Plus should know as much about the opportunities and local support for people wanting to start a business as about the vacancies listed on the computer.

The other thing that I would also like my noble friend to take forward are business angels. Although I am totally supportive of mentoring and role models—they have a part to play, certainly in changing culture—it is inspirational for women to listen to other women who have been successful in business and to see that it can be done. It is a bit like politics: when you want to go into politics—into the other place, as I did what seems like a lifetime ago now—you are encouraged by the examples set by others. Looking round this Chamber, I see women on both sides of the House. My dear friend Lady Miller was one of the women who encouraged women of my generation to take that step and told us that we could do it. However, we come up with 100 reasons why we should not do so. It is a bit like the situation in business. Is that not just typical of women? We have an idea, we think we can do something, we know that we can and then we think of a dozen reasons why we should not do so.

If I was asked to describe myself, I would say that I am a feminist but I also believe that men are from Mars and women are from Venus, if that does not sound like a contradiction in terms. Although I am passionate about equality between men and women—men and women running businesses are often affected by the same things, of course—you have to turn your attention to aspects that specifically affect women running businesses. It is not enough to have role models; they need people alongside them who are able to go through the business plan, marketing plan and product development with them. They need people on whom they can call to give that advice. Years ago banks gave that advice; today they just want to sell you insurance. I ask my noble friend to ensure that there are more business angels in the small business sector to help these women entrepreneurs, not just because of the finance that the business angels might put into these businesses but for the real hands-on business experience they have, as opposed to people who put themselves forward to undertake this mentoring but have never actually run a business themselves.

Protection of Freedoms Bill

Baroness Browning Excerpts

Monday 6th February 2012 Lords Chamber

[Lord Faulkner of Worcester]

My Lords, I have added my name to Amendment 37A, tabled by my noble friends Lady Royall and Lord Rosser, because the new powers that it confers on authorities to enter and inspect scrap metal dealerships represent, as my noble friend Lord Rosser says, an important element in the comprehensive overhaul of the Scrap Metal Dealers Act 1964, which I have been calling for in your Lordships’ House since I asked my Oral Question on the subject on 3 October last year. It also fits perfectly with the move to cashless transactions, which the Home Secretary said in a Written Statement on 26 January that the Government now support. This is the subject of my own amendment to the Legal Aid, Sentencing and Punishment of Offenders Bill, which the Committee will be considering on Thursday, possibly alongside the Government’s own amendments, the details of which we are awaiting.

This morning I met Deputy Chief Constable Paul Crowther of the British Transport Police to discuss this amendment. As the House will be aware, the BTP has been in the lead on the metal theft issue and I again commend it for what it is doing to tackle it. It has asked me to tell your Lordships—and I quote directly from a message it has given me—that:

“The power of closure is something that we would really want for a number of reasons, not least so that we can support legitimate businesses who will comply with the cashless system when it is introduced”.

Over the last four months I have been overwhelmed by the representations that have been made to me about the necessity for government action to tackle what is now a metal theft epidemic. The Transport Select Committee in another place says that the theft of signalling cable was responsible for the delay or cancellation of over 35,000 national rail services last year. There are eight actual or attempted thefts on the railway every day. My friends in the heritage rail sector—and I declare an interest as the president of the Heritage Railway Association—report weekly thefts of metal objects from their yards, depots and sheds, the value of which runs into thousands of pounds. Almost no aspect of our national life has escaped unscathed: manhole covers; war memorial plaques; even huge pieces of art like the Barbara Hepworth sculpture in Dulwich Park or the statue of Dr Alfred Salter in Cherry Gardens, Bermondsey; lead from church roofs and sacred objects from within churches; electricity and telecom cables—the list is endless.

Many of your Lordships will have seen the open letter published in the Times on 11 January that was signed by an impressive array of business leaders, including the chairmen or chief executives of BT, Network Rail, the Energy Networks Association and the Ecclesiastical Insurance company. They called for a complete update of the Scrap Metal Dealers Act 1964. Among the long list of changes they want to see were police powers to close unscrupulous scrap metal dealers, and police authority to search all premises owned and operated by scrap metal dealers—the measure proposed in this amendment. In my view, the police should be given powers to inspect any articles and records kept on site and to close down dealerships should there be reasonable suspicion that they are handling and dealing in stolen metal.

It is abundantly clear that the law needs to be completely rewritten. In the other place tomorrow there will be a debate initiated by officers of the All-Party Parliamentary Group on Combating Metal Theft—I declare a very modest interest as one of its vice-chairs. In addition to the move towards cashless transactions they will call for a robust licensing scheme for scrap metal dealers to replace the present registration scheme, as well as all the measures that have been put forward by industry, the church and the police.

I shall be very interested to hear what the Minister has to say when he responds. I know that we will achieve a cashless regime either on Thursday or at Report stage of the LASPO Bill, but I hope that he will be able to give a commitment that there will at least be comprehensive legislation in the next Session which will rewrite the Scrap Metal Dealers Act 1964.

[Baroness Browning]

My Lords, I rise very briefly to endorse what noble Lords have said about the seriousness of metal theft, and I know that my noble friend the Minister is fully aware of the importance of this issue in addressing the existing legislation, which is clearly out of date.

Last year, when I had the privilege to serve in the Home Office, I became acutely aware not only of the breadth of this crime but also, as we have heard, of its effects. Stolen cables not only disrupt but cause chaos on railway lines, and also in telecommunications. I know that the Church of England has also carried out a very important report that looks at what has happened to its churches and cathedrals that have been affected by this.

The point I want to make—I know that my noble friend is aware of it—is that although we see these matters reported in the press, and some people have first-hand experience of the outcome of this crime, it is organised crime. These are not individual actions taken at random. Serious organised crime, on a large scale, is behind the metal theft that is taking place in this country. When, for example, cables are removed, or lead is removed from roofs, all too often the people concerned are not scurrying about; they are wearing the proper safety jackets, looking like workers who should be carrying out these functions. They steal vehicles that have commercial insignia on the side to make it look as though a legitimate vehicle is being loaded with the metal. A lot of thought, a lot of money and a lot of organisation goes into this. I hope that when my noble friend replies—he and I have discussed this very serious matter—he will be able to reassure the House that the Government are looking holistically at all the elements mentioned this evening. This whole question is about the seriousness of breaking through organisations that clearly find it financially viable to continue this very destructive activity.

[The Lord Bishop of Chichester]

My Lords, from these Benches, I want very briefly to give my whole-hearted support to this amendment. In the year from 2010-11 thefts from churches went up by one-third, resulting in a loss to the church of £4.5 million in that one year alone. I want to speak particularly because of the importance of rewriting the right of entry. Without that being done, the means of enforcing the otherwise noble aspirations about cash-free and limitless tariff cannot be enforced. That is why the right of entry is extremely important.

Policing Protocol Order 2012

Baroness Browning Excerpts

Wednesday 25th January 2012 Lords Chamber

[Lord Hunt of Kings Heath]

My Lords, noble Lords will be aware of the concerns on this side of the House about the introduction of elected police commissioners and the risk of politicisation of our police forces. Rather like the NHS reforms, the Government are bizarrely set to draw a service up by its roots when it should be focused on meeting huge challenges. At the same time as these changes are taking place we are seeing 20 per cent front-loaded cuts to police budgets impacting on front-line services, forcing the retirement of some of the most experienced officers currently serving and the closure of many police stations. As we see from the latest crime figures, crime against the person has gone up by 11 per cent and there has been a 10 per cent increase in robberies involving knives. It is therefore extraordinary that, at this time of major challenges for our police services, the Government are pressing ahead with arrangements for elected police commissioners.

We have had extensive debates on this issue and I do not intend to go over those matters. It is good to see the noble Baroness, Lady Browning, in her place. She, of course, spent a great deal of time helping your Lordships with the legislation.

The order before us is one of many. The noble Lord, Lord Henley, kindly sent me a letter a few weeks ago containing a list of approaching 20 orders which will need to pass through Parliament in a fairly brief space of time. The reason for the rush is that the Government wish to proceed speedily in relation to London, with elections in the other 41 police authority areas in England and Wales taking place on 15 November this year.

I have some concerns about the implications of the speed with which the Government are pushing orders through your Lordships’ House and the other place. We can see from the report of the Select Committee on the Merits of Statutory Instruments the problem with that in relation to this important order, which embraces, essentially, the relationship between the elected police commissioner and the chief constable. It is clear that such a protocol should receive robust scrutiny. Noble Lords will know that the Merits Committee identified the relatively short timescale in which the protocol had been developed. It considered that a full consultation might have provided a more complete road test of the robustness of the protocols. Will the Minister respond to that point?

I also refer the Minister to the clarification that the committee sought. Appendix 1 of the committee’s memorandum shows the responses of his department. He will note that the committee remained concerned at the possible ambiguity of some of the drafting of the protocol. The Minister may like to comment on that point as well.

As I have said, elections are due to take place on 15 November in 41 police areas in England and Wales. That is not perhaps the best time of year to hold an election, with dark nights and little public interest so far. There is a real fear that the turnout could be low in these elections. The problem of low turnout is undermining the legitimacy of the elected police commissioners. Whatever one’s view of the principal legislation, now we move towards its implementation I am sure that we all agree that a large turnout would be a good thing, so that the police and crime commissioners have as much legitimacy as possible.

The protocol is important because there is real fear that the operational independence of chief constables could be undermined by political interference by police commissioners. The fact is that, whatever the protocol says, if you as a police commissioner have a hire and fire power over your chief constable and overall budgetary control, in the end what use is the protocol? All the levers are really with the police and crime commissioner.

What happens if a police commissioner is elected on a manifesto which has explicit operational pledges? That may be to abolish speed cameras, which the chief constable might believe save lives and are in his or her operational competence. There will be other examples where the election may be fought over what I am sure we would regard as operational issues. The moment a successful police commissioner comes into power on that manifesto, they will expect the chief constable to implement it. The chief constable may resist that and could perhaps point to the paragraph in the protocol that makes it clear that there should not be interference. We have a situation where almost all the power lies with the elected police commissioner, as I have said, with few checks and balances in the system.

The noble Baroness and I have debated at length the powers of the police and crime panels. She made some modifications in terms of the voting that applies to vetoes exercised by the panel. Overall, the powers of the panels are weak. It is really not clear in the protocol how they will enforce a regular check on the performance of the police commissioner, as set out in paragraph 14. I have no doubt that the noble Lord, Lord Henley, will say that that is surely a matter for the panels themselves. Given that the police and crime panels have so few levers, I would have thought it helpful to outline in some detail the powers that the panels might have to check on the performance of the police commissioner.

One of my fears about the new system is that chief constables will be subject to greater insecurity in their jobs and that we will tend to have a rapid turnover of them at the hands of police commissioners. We know that that happens in the US, which is where the idea came from. I know the health service rather better than I do the police service. I know the problems that have arisen when you have such a rapid turnover of chief execs. At one point there were so many restructurings—I am afraid that both parties have been responsible for that—that you had the ludicrous situation of the average chief executive spending no more than two years in the job. That does not create stability. My concern is that, in the run-up to a re-election for a police commissioner, the temptation will be very present to pick a fight with the chief constable and sack them.

I also raise the point raised by the Merits Committee on paragraph 3.1 of the Explanatory Memorandum. This is about the fact that the protocol is not drafted in legal language. That point was raised by honourable and right honourable Members in Committee in the other place when it considered the protocol. If the protocol is not drafted in legal language would it stand up in a court of law? The Minister might wish to comment on that.

Finally, in bringing this matter to the attention of noble Lords, I know that it is the intention of the Government for the protocol to be reviewed. Would the Minister commit to reviewing this after a period of 12 months—at the end of 2013—so that it can be done in the light of the first year of experience of relationships between elected police commissioners and chief constables? He may say that a system needs longer to bed down but, in view of this being—for me—the most important aspect of the whole architecture of the new policing system, it would provide considerable reassurance if the Government agreed to a review within very quick time. I beg to move.

[Baroness Browning]

My Lords, since the House viewed and debated the draft protocol, we now have in front of us the instrument, which has been subject to further consultations. I am very aware that the decision to put it on a statutory basis was influenced by representations made by Members of your Lordships’ House.

The consultation that has continued since the Bill became an Act has of course included the Association of Police Authorities, the Association of Chief Police Officers and the Association of Police Authority Chief Executives. We can be confident that those who really have a vested interest as well as a professional interest in what is in the protocol have continued to have an input into the document we see before us. Those important relationships, which your Lordships’ House has discussed in some detail on more than one occasion, between the chief constable, the PCC, the panel and not forgetting the Home Secretary have been laid out with clarity rather than prescription. I do not think it was ever the intention to prescribe through this document.

Those individual responsibilities and their inter-relationship are extremely clear in this statutory instrument. I clearly heard what was said about it not being in legal language. I am sure the Minister will reassure us in terms of any legal challenge. On reading it, I thought it was rather refreshing. Please God that more statutory instruments appear in language that we can read and understand on first reading. I hope that the Home Office will submit this document for the Plain English Award this year. That would be a first for a government department. I commend that suggestion to the Minister. It is very important not just that those who have to enact this understand it but that the wider public, too, can feel that it is something they can see, read and understand.

Briefly, because the House does not need me to read out the instrument before us, I recall clearly that one matter of great concern was the operational independence of the chief constable. I believe that the language used here clarifies the responsibility of the chief constable for maintaining the Queen’s peace and having direction over the forces, officers and staff while at the same time not going into that prescriptive detail that would quite clearly hamper the activities and freedom of the chief constable to take those operational decisions. That very important point has been well measured and found in the document.

I remind the House that police and crime commissioners have a statutory duty and electoral mandate to hold the police to account. All too often it has been the Home Office that has, from on high, sought to do that. This moves the responsibility down to a much more local and operational level. That democratic mandate brings policing so much closer to the people who are being policed while at the same time reminding us through the appropriate section that the Home Secretary still has and may at times need to use reserve powers with regard to policing.

The role of the panel, which we have debated in some detail on many occasions and on which the Government made considerable concessions when the Bill was before your Lordships' House, is very important. I am sure that in practice it will come to be seen as a very important role in holding police and crime commissioners to account.

I commend this protocol. A good job has been done here. I know that my noble friend the Minister will ensure that where and when necessary, with the appropriate consultation, the protocol will be a living document that will be amended as necessary as the years go by.

Police Federation

Baroness Browning Excerpts

Thursday 15th September 2011 Lords Chamber

[Lord Morris of Manchester]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I declare an interest a former parliamentary adviser of long-standing to the Police Federation.

[The Minister of State, Home Office (Baroness Browning)]

There is a programme of regular ministerial meetings with the Police Federation at which it can raise matters of importance to its members. Recently, on 11 August, my colleague the Parliamentary Under-Secretary of State for Crime and Security met the Police Federation leadership on the Home Secretary’s behalf.

[Lord Morris of Manchester]

My Lords, I am grateful to the Minister for her reply, but is she aware that the Police Federation was at no time consulted on what the effects would be of cuts in spending on front-line services—which of course its members provide—and that the Chief Inspector of Constabulary warned that cuts in the policing budget could not be achieved without damaging them? Is the Minister further aware that in the past year the number of police officers has been depleted by over 4,000 and that, in the words of their own journal, “morale in the service is at an all-time low”? Yet the Home Secretary gave police officers the pledge,

“I will always back you … and fight for you”.

My Lords, was performance ever more remote from promise?

[Baroness Browning]

The Home Secretary has consistently been clear that she has the utmost respect and admiration for the bravery and dedication of the men and women of our police forces, but that does not mean unquestioning agreement at all times. The Home Secretary has a responsibility to the taxpayer to tackle the deficit and improve the service to the public. The police cannot be exempt from their share of cuts but, as I have already informed the House, there are regular meetings at which members of the federation can raise any issue they like with Ministers. I understand that, apart from the regular series of meetings that are held, additional meetings are held at certain times, such as the one with my honourable friend Mr Brokenshire following the riots.

[Lord Rosser]

My Lords, we are all grateful for the commitment shown by members of the Police Federation across the country, not least for sometimes working 20 hours a day to assist in tackling the riots and in bringing those involved to justice. However, that all costs money in extra policing at a time when police budgets are being squeezed. Bearing in mind that the Home Secretary has recently said that applications from police forces for a special grant to cover the additional costs will only be “considered”, could the Minister say whether the Prime Minister’s Statement in the other place on 11 August that:

“The Treasury is standing ready to assist police forces. Clearly, the bill for the Metropolitan police force for the past few days will be large and, if they continue to deploy in those numbers, it will get larger and the Treasury will stand behind that”,—[Official Report, Commons, 11/8/11; col. 1065.]

still represents government policy in the light of the Home Secretary’s statement?

[Baroness Browning]

My Lords, we have yet to receive from any police force its Bill in respect of the riots. We have had some indication in one or two forces—for example, I think that some evidence given to the Home Affairs Select Committee earlier in the week would have indicated the nature of the bill—but we cannot at this stage give an open assurance that every bill as presented will be paid. As we understand it, some of these bills are likely to contain quite significant sums relating to opportunity costs. I think that the House will understand that, when I stand at the Dispatch Box and say that we will honour every bill as presented, we will honour our pledge but that we will want to examine those bills very carefully.

[Lord Richard]

The Minister failed to answer the Question asked by my noble friend Lord Morris, so perhaps I could pose it again. Is it true that the Police Federation was not consulted about the effect on frontline policing of the proposed cuts?

[Baroness Browning]

My Lords, the nature of those proposals are such that, in order to give a definitive answer to the noble Lord, I will have to write to him. I will want to take careful advice as to what opportunities were given for discussion or written consultation. The noble Lord is shaking his head. I think that he would prefer a definitive answer in writing than for me to wing something at the Dispatch Box.

[Baroness Hamwee]

The topic of pensions for the police must obviously be on the mind of the Police Federation as well as on all our minds. Does the Minister have any news on tackling that issue? But thinking about retirement on a more personal basis and satisfaction for people who want to extend their working lives, is there anything that she can say about the retirement age of police officers and about making use of their experience and the investment that has been made in them for the good of the forces and of society, not losing them at a relatively early age?

[Baroness Browning]

I can tell my noble friend that public service pension schemes are consulting formally on the proposal, for example, to increase employee contribution rates. The consultation for the police pension scheme is happening within the Police Negotiating Board. The Home Secretary wrote to the Police Negotiating Board on 29 July and has asked for views on its proposal by the end of September.

[Lord Brooke of Alverthorpe]

In the light of the response that the noble Baroness gave to my noble friend Lord Richard, will she copy the letter that she is sending to him to the rest of the House? That is precisely what the Question is about.

[Baroness Browning]

When I reply to the noble Lord, Lord Richard, I would be very happy to place a copy in the Library of the House.

[Lord Hughes of Woodside]

Will the Minister, for whom I have the highest regard, have a word with her private office and her advisers? The questions posed by my noble friends Lord Morris and Lord Richard clearly should have been anticipated. She has been badly advised and put in a difficult position. She should sort her private office out.

[Baroness Browning]

I hesitate to criticise my civil servants. It is not something that I would wish to do. In terms of the issues around police federations, the substance of the Question was not specifically about that consultation. It was about how much contact Ministers had had with the Police Federation, which I answered in terms. As I have explained, I am very happy to write to the noble Lord because I do not know off the top of my head what opportunities or attempts there were for any consultation specifically on that issue. But I will inform the House in writing and it will be a substantive reply.

[Lord Grocott]

I would ask the Minister to give a reminder to her colleagues, who can sometimes be careless with statistics when they talk about the proportion of police officers who are on the beat at any given time and complain about it being a low figure. The simple arithmetic, which I know she is aware of, shows that on a three-shift system, the maximum number of people available to be on the beat, even with no holidays, sickness or days off, would be 33.3 per cent of the available force. Very misleading statistics are being given out when Ministers complain about what they describe as being the low proportion of officers on the beat. I am sure they understand that in a 24-hour system of cover, that is bound to be the case.

[Baroness Browning]

My Lords, we understand the shift patterns, but other reasons can affect the number of police officers on the front line at any given point. As I have said many times in this House, we leave matters regarding individual policing and independent decision-making on force deployment to chief constables, and rightly so. None the less, we are aware that we are asking the police to take some tough decisions, and chief officers are responding well to that. In turn, they have to make difficult decisions about back office, middle office and front-line police officers. We also rely on Her Majesty’s Inspectorate of Constabulary which, in several reports including its most recent one, has indicated some trends which I think will be helpful to chief officers and to inform the rest of us.

Police: Funding

Baroness Browning Excerpts

Wednesday 14th September 2011 Lords Chamber

[Lord Hunt of Kings Heath]

To ask Her Majesty’s Government what is their latest assessment of the impact of police funding cuts on front-line services.

[The Minister of State, Home Office (Baroness Browning)]

My Lords, when the Government came to power, we were borrowing £1 for every £4 we spent. We must reduce the budget deficit. The police funding settlement is therefore challenging but manageable. The Government are clear that savings need to be made while protecting front-line services, and the most recent report from Her Majesty’s Inspectorate of Constabulary shows that forces are working hard to do so. It is largely a matter for individual forces how they achieve this, but the Government are playing their part, including through a new package of policies that will cut bureaucracy, which could save up to 2.5 million police hours per year.

[Lord Hunt of Kings Heath]

My Lords, I hardly think that the Government are in a position to lecture this House on the state of the economy.

[Lord Hunt of Kings Heath]

Where is the Government’s growth plan, I wonder? Turning to the Question, surely it cannot be the case that a reduction of 16,000 police officers will not have an impact on front-line policing. Will the noble Baroness acknowledge that the cuts already made are already impacting on front-line services, and will she respond to recent research by the London School of Economics showing that the proposed police cuts are likely to undermine forces’ ability to stop crime rising?

[Baroness Browning]

My Lords, the noble Lord should step back from the brink. From where we sit, we are peering into the abyss because what we inherited has made this necessary. As a member of the former Government, he will know only too well from the last Labour Home Secretary that had Labour been re-elected, it too would have been making changes and looking for reductions in police force numbers. We have that on the record.

I have to say that noble Lords will have to get over this and face the reality, which is what we have had to do. Forces are focused on protecting front-line services. I have read many comments from chief officers who, I acknowledge, have a difficult and challenging task, but they are going to put the front line first and are rising to that challenge. The most recent report from Her Majesty’s Inspectorate of Constabulary, Adapting to Austerity, sets out a summary of force work plans for the spending review period which states that the number working in front-line roles was expected to fall by, on average, just 2 per cent over the two-year period between March 2010 and March 2012. I have every confidence that chief officers will ensure that the front line is protected.

[Lord Imbert]

My Lords, do Her Majesty’s Government expect the British police service to lose its global reputation for being the most accountable, well governed and respected service in the world? If so, do they really care?

[Baroness Browning]

My Lords, not only do we care, but we have every respect for the work done by police forces every day. However, it is time to look at how the police are deployed in these times of austerity—the very title of Her Majesty’s Inspectorate’s report. We have to challenge, as senior police officers are doing up and down the country, the way forces are deployed. For example, we see in the recent report that, astonishingly, there are more front-line police officers on duty on a Monday morning than on a Friday night. Surely that has to be challenged. Surely there are ways better to deploy forces to protect the public and the front line, and to ensure that we maintain the important reputation that the noble Lord is so familiar with.

[Baroness Hamwee]

Is the Minister confident that enough funding is available for up-to-date technology? Used well, technology can achieve savings and greater productivity.

[Baroness Browning]

My noble friend is absolutely right. Indeed, it is very encouraging to see the way in which forces are using technology, and combining across force borders, by mutual agreement, to share in it to improve the way they serve the public.

[Baroness Smith of Basildon]

My Lords, I would like to ask the Minister about her comments on protecting front-line services. Indeed, the Prime Minister himself said that front-line services would be protected. Will she then explain to me how that equates to the response in the county of Essex, where 24-hour police stations will no longer exist as a result of these cuts, and where half the police stations are going to be closed? Is that protecting front-line services?

[Baroness Browning]

My Lords, these individual matters in individual forces are for individual decisions taken by the individual chief officers for good reasons when they are looking at priorities. However, buildings, numbers and statistics mean nothing compared to the way in which the leadership in police forces ensure that the police are deployed. We are very determined that police officers will police on the front line, in the streets, and not in offices.

[Baroness Trumpington]

Was it the result of police cuts that prevented the police from preventing the Muslim group burning the American flag in Grosvenor Square on Sunday?

[Baroness Browning]

I sense from my noble friend’s question how she felt about seeing that scene on television. I have absolutely no reason to believe that it was anything to do with lack of policing, but I am very happy to write to my noble friend with more details about the background to that incident.

[Baroness Farrington of Ribbleton]

My Lords, will the Minister comment on the view that, given the scale and speed of the Government’s reductions in police budgets over the next two years, most members of the public to whom Members of your Lordships’ House speak would rather see the money put into what the noble Baroness referred to as “numbers” of staff than into some newfangled American scheme to elect police commissioners? Surely the Government could have been patient with their pet scheme and protected the public from the cuts they are imposing?

[Baroness Browning]

My Lords, the noble Baroness and I have had many discussions along these lines during the course of the Bill, the later stages of which are being considered today. I totally dispute the point she is making; the money for this is not coming out of the police budget. I remind her that there were many times when the previous Government spent money on elections, which they thought were extremely worthwhile. Nobody suggested at the time that democracy was something not worth paying for.

Police Reform and Social Responsibility Bill

Baroness Browning Excerpts

Wednesday 14th September 2011 Lords Chamber

Moved by

[Baroness Browning]

That this House do not insist on its Amendments 1, 2, 3, 4 and 6 to which the Commons have disagreed and do agree with the Commons in their Amendments 6A to 6D in lieu.

[The Minister of State, Home Office (Baroness Browning)]

My Lords, this Government are committed to radical police reform, to ensure that the police are first and foremost accountable to the public. This is, of course, not new: there is a consensus among the parties in favour of the democratic reform of police authorities, albeit differences of view about the best model. In Committee in the other place, the Opposition, too, proposed directly elected policing governance, albeit only chairs of police authorities. This Bill seeks to establish clear and democratically accountable leadership for police governance, but amendments in this Chamber removed those provisions.

I am proud to be a Member of a House that is known for revising and improving Bills. However, the amendments that removed the Government's provisions did not try to increase local accountability of the police. They said that the status quo should be preserved and that the chair of a police authority should be called a “police and crime commissioner”.

However, apart from this instance, this House once again demonstrated during our proceedings how much value it adds as a revising Chamber in a truly meaningful way. I thank Peers across the House for their very constructive and conscientious contribution to those debates. There has been some very thoughtful and considered debate both in this Chamber and in meetings outside. The Government have listened carefully, with well over 100 amendments made to this Bill as a result.

The numerous amendments tabled by Peers emerged from the recognition that there is indeed consensus that the status quo will not suffice; that the public do not know that they have somewhere to go to make their views on policing known; and that the public want the police to be subject to greater accountability. Let me be clear: these amendments were also born out of an appreciation that the model that the Government proposed initially could be improved. Peers rose to that challenge and for that we are grateful.

I will touch on just a few of the many improvements that this House has helped make to the Bill. We have strengthened checks and balances and the powers of the police and crime panel, most obviously by lowering the veto threshold from three-quarters to two-thirds.

We listened carefully to the debate on operational independence and, as a consequence, placed the vital policing protocol on a statutory footing. We reacted to points of detail on important issues which we agreed could have been clearer and so introduced a requirement on PCCs or the MOPC in London to hold chief constables to account with regard to their duties under the Children Act 2004 in particular. We have inserted a statutory obligation for the police and crime panel to support the PCC when performing its functions. We have inserted a right for a chief constable to appear before the panel and make representations prior to a proposed dismissal. We have amended the Bill to allow deputy PCCs to be appointed, and the Bill introduces a requirement that such appointment should be subject to a confirmation hearing by the police and crime panel.

There is now also a requirement on the police and crime panel to hold confirmation hearings for the appointment of the chief executive and the chief finance officer. We have inserted a power for the London Assembly to veto a non-Assembly candidate for deputy mayor for policing and crime. We have strengthened transparency arrangements by obliging forces to release information, not just reports.

We have placed a duty on PCCs and community safety partners to have regard to one another's priorities, and we have altered the composition of police and crime panels so that the necessary flexibility to achieve political and geographical balance is achieved. We have returned to the democratic principles that have guided this reform and removed the two-term limit on PCCs. Finally, after quite a bit of lobbying, we are allowing noble Lords to stand as PCCs, should any choose to do so.

The collective will of this House has been made known to Members in the other place. They have listened to us and in all but one respect have agreed with us. However, in one key area they have disagreed with us.

I come now to the most pertinent argument I must put to noble Lords today. The other place—the democratically elected Chamber—has now put the model of a single elected individual to us, not once, but twice. The first time, this House saw fit to reject that model. But our elected colleagues have disagreed with us and have put that model to us again for approval. I do not believe that it is for this Chamber to override the will of the people's elected representatives when it has been put forward so clearly.

I turn now to my noble friend Lady Harris. I am sad to see that my noble friend feels that the amendments that Peers have successfully pressed for and that the other place has agreed are not sufficient for her to agree to the elected Chamber's will—296 to 220 votes is not an insignificant amount of democratic will, particularly when one considers that the origin of the proposal is a coalition agreement on the back of a general election.

By voting for these amendments, we will be respecting the will of the elected representatives of the people, and respecting our precious democratic tradition as a revising Chamber that has significantly done its job and improved a key government reform with more than 100 amendments. I therefore hope that the House will vote for the government amendments to stand part of the Bill.

In reflecting on the debate in this House the Government also tabled a further set of amendments that were considered and agreed by the other place, and these are before us now to consider. The other place moved a government amendment to change the date of police and crime commissioner elections from May 2012 to November 2012, thus allowing enough time to ensure that all necessary preparations are in place. These reforms cannot wait, but they must be effective. The elections must be properly administered. A November election will ensure that this is the case, without having to wait a further year for these urgent reforms.

As many noble Lords will be aware—and many in this House are involved in policing—November is a key time in the business planning process for the forthcoming financial year. It is vitally important that the PCC is involved as early as possible in planning and setting the budget for policing in their area. November is the ideal time for them to identify and be part of that planning for the following financial year.

A November election is also important in this first round of elections for police and crime commissioners. It would remove much of the party politics to which noble Lords have referred during the course of our debate. When other elections take place, party politics start to consume not just the representations made to the electorate but the media, both local and national, and it is difficult for people to have a full understanding of what the first elections are about and of the candidates standing for them.

A November election would allow both local and national media to focus any coverage on the reason for the elections—what they intend to do, what the role of a police and crime commissioner would be—and, most importantly, the candidates. This would be very important for those candidates who do not have the support and the organisation of an organised political party behind them. We genuinely want to see good candidates—I have made this point before in the course of our deliberations. Political parties will of course field candidates, but among the pool of good candidates I believe there will be many independent candidates, who will be encouraged to put themselves forward because of their experience and ability to do the job, not just because they carry a party political tag. Elections held in November, unconstrained by local government or other elections taking place at the same time, will give independent candidates much more opportunity to be seen and heard, both at local and national level, so that they stand a chance of being able to get their message across.

I will move on to the amendment of the noble Lord, Lord Condon. I would like to thank the noble Lord for his constructive contribution to the debates we have had on this Bill, and more specifically to the improvements to the reform that have been generated as a consequence. I appreciate that he has not agreed with every measure that we have brought forward, but he has agreed with some, and he has played a constructive role in helping us to shape amendments that have been passed. In particular, I appreciate the noble Lord’s views on the protocol. Our amendments to give the protocol statutory cover were heavily influenced by those discussions.

In the true tradition of this House, I very much welcomed the noble Lord’s revisionist intentions from the outset, and the fact that he did not want to undermine the ambition of the Government in the Bill, because, as the noble Lord put it,

“there is ample scope for improving the democratic accountability and performance of local policing”.—[Official Report, 11/5/11; col. 911.]

To that end the noble Lord set about seeking change, including a desire that PCCs be located within a more supportive and collaborative framework locally. I hope the noble Lord sees some of his hard work in our amendment that creates a statutory obligation for the police and crime panel to support the PCC when performing its functions and minimises the risk that policing may suffer as a result of political infighting.

I will now turn to the noble Lord's amendment seeking further revisions, this time to something which the noble Lord had not raised previously, namely the date of the election. This is of course a debate that we have had during the course of our deliberations on Report and in Committee, with regard to an amendment that sought to move the election to October 2012. It is important to note that moving the elections to later than November 2012 as is suggested by the amendment tabled by the noble Lord, Lord Condon, would deny PCCs the opportunity to be fully involved in the 2013-14 planning process: they would not be able to develop their own plan and set the budget or direction for the force—one of their responsibilities—until 2014.

Holding the election in November 2012 will in fact cost £25 million more than holding it in May 2012. Over the PCC term this equates to 0.05 per cent of the annual policing budget. I can assure the House that the funding for the election, including this additional sum, is not coming out of the money that goes directly to paying for the cost of policing. We believe that these additional costs are worth paying to ensure that PCCs are in place to be fully involved in the planning for 2013-14 and, of course, in planning how that £12 billion police funding budget is best spent. I know that many of your Lordships, including those who have previous experience in policing, such as the noble Lord, Lord Condon, will want to be reassured that this money does not come from the police budget. Let me be absolutely clear: this is an additional one-off cost and would not come from what would otherwise have been spent on policing.

--- Later in debate ---

[Lord Hunt of Kings Heath]

My Lords, the noble Baroness quoted that example but could have looked at Glasgow North East in November 2009, which saw a 33 per cent turn out, or West Bromwich West in November 2000, which had 27 per cent. She picked out the highest turnout, but November by-elections generally tend to be very low indeed. That is why, decades ago, local government elections were moved from the autumn to May, because there was concern about the effect of the inclement weather on the people who were campaigning.

[Baroness Browning]

I picked out Glenrothes because it was the most northerly of all the examples. I could have chosen others, but I was trying to make the point to the House that a 56 per cent turnout in Glenrothes in November is not an insubstantial result. I hope I have made my point—I am sure people in the House understand the point I am trying to make.

Coming back to the more salient point, the additional time gained by holding the elections in November will help to ensure that they benefit from the time that will be given to allow good-quality, independent candidates to come forward and establish themselves. They will have time to properly plan and campaign for the elections. The Government have been clear from the outset that they are keen for as many independents as possible to contest these elections. The November date allows for this. The fact that the first elections for PCCs will not be held at the same time as other local elections sets the tone from the beginning—it allows PCC elections to be established and for the electorate to understand the opportunity they will have to elect somebody who will represent them in being involved in local policing and holding the police to account.

I turn now to the amendment tabled by the noble Lord, Lord Hunt, who proposes a royal commission. I have a slight sense of déjà vu because I think he and I have discussed this before. I believe that a royal commission would use time and money that we do not have and that could be better spent elsewhere. Reform cannot wait. All parties agree that reform is needed and, more specifically, that it should be in the form of direct democracy. This is not the context for a lengthy and exploratory royal commission.

Ultimately, we all know and accept that police authorities are not the optimal model for police accountability. This has been stated by the Opposition, although I know there are different views about it within the House. But we do know that only four out of 22 inspected police authorities have been assessed by Her Majesty’s Inspectorate of Constabulary and the Audit Commission as performing well in their most critical functions.

Local accountability must be both visible and accessible, yet only 8 per cent of wards in England and Wales are represented on a police authority, so it is no surprise that only 7 per cent of the public understand that they can approach their police authority if they have issues with policing.

[Baroness Henig]

I have heard this example—7 per cent—several times, but what percentage of population does that reflect? The reality is that police authority members represent a far higher percentage of the population than in terms of ward, which is actually a rather meaningless context since a lot of wards have very few people in them.

[Baroness Browning]

The point is that this is still a very clear minority and in fact the Government’s changes will allow every single council—including district councils, which at the moment do not have the opportunity to put forward people to sit on police authorities, county councils and of course unitary councils—to send a representative to sit on the police and crime panel. So in terms of the broader representation of the public, this is a very much enhanced way of making sure that people will associate with those who sit on that panel and know who they are.

I believe that the Government have set out a clear and comprehensive vision for policing. Direct local accountability and decentralisation are part of this coherent reform agenda to cut crime. We will refocus the Government away from micromanaging local policing. We will ensure the police and PCCs are properly supported on national policing issues. That is why we are also creating a powerful new national crime agency, to improve the fight against serious and organised crime and help protect our borders, and why we are introducing a new strategic policing requirement.

We are dealing with an overcluttered national policing landscape, phasing out the National Policing Improvement Agency and reviewing police leadership, training and skills, as well as examining pay and conditions to ensure we provide the police with the conditions in which they can thrive and continue to be the finest police service in the world.

I move now to the government amendment to re-establish the Secretary of State’s power to issue a financial management code of practice for PCCs. A code of practice is currently issued to police authorities, which are required to have regard to it in the discharge of their financial functions. This enables the Home Office Accounting Officer to assure Parliament that funds given to the department are used appropriately. The Bill as currently drafted repeals the general power to issue codes of practice to police authorities under which the existing financial management code was issued. To ensure that we adhere to the principles of financial regularity, propriety and value for money, we propose that the Bill should be amended to retain the power to issue codes of practice, but restricted to codes relating to financial matters.

I now turn to the amendment from the noble Lord, Lord Harris of Haringey, who seeks to ensure that the financial code of practice includes a requirement for the PCC to appoint four non-executives members to his or her team. The noble Lord will know that we have discussed this on several occasions. I commend his resilience and perseverance on this. I know the arguments put forward by the noble Lord and others were that the PCC must benefit from external expertise and challenge. I also recall that my reply when we last discussed this was that the police and crime panel had as its primary purpose the need to challenge constructively and in that way also support the PCC in meeting its statutory duties. This was debated at some length and it was felt that there was a risk that the PCP and the PCC relationship would be solely adversarial. The Government considered this carefully and brought forward an amendment that means the PCP has a responsibility to challenge but also to support the police and crime commissioner in delivering his or her statutory responsibilities.

We have listened to the noble Lord and amended the Bill to ensure that the PCC is able to benefit from constructive external challenge from the police and crime panel. I believe that our amendment does this, but the noble Lord clearly feels we have not achieved his aim. I return to the point that I made on Report: there is nothing in the Bill that prevents the PCC from appointing non-executives if he or she decides that that is what they want to do. We have provided a framework that allows the PCC to establish his support team, for those decisions to be made public and transparent and for the PCC to be challenged by both the PCP and the public on those decisions. With regard to financial governance and management, the auditors and the chief finance officer under law will be there to advice and raise any concerns publically if there is any sign of mismanagement.

I cannot therefore agree to the prescription that the noble Lord wishes to insert into the financial code, as it is unnecessary and has been dealt with by the Bill and the amendment passed by this House and agreed by the other place. I beg to move.

Motion A1 (as an amendment to Motion A)

Moved by

--- Later in debate ---

[Baroness Farrington of Ribbleton]

The noble Lord was not present when I was congratulating the fine record of the noble Lord, Lord Howard. When he was Home Secretary, he had a better system than that now proposed. In Lancashire, my noble friend Lady Henig was re-elected by the police authority regardless of whether or not people shared her party-political allegiance. They voted according to ability. It is much better to have a balance from a group of people than a single populist politician.

[Baroness Browning]

My Lords, it has been suggested that police and crime commissioners will be focused on local issues to the exclusion of those which require a strategic response—in other words, that they will be too parochial and populist. Issues such as terrorism, riots, drug dealing and people trafficking all affect local communities. They are local issues that local police and crime commissioners will want to ensure are tackled effectively. However, it is important to acknowledge that these issues also have national dimensions, either because they require police forces to work together to identify and tackle a threat that is not constrained by force boundaries, or because the threat may be so significant as to require resources to be mobilised from several forces. We have seen an example of that this summer.

Police and crime commissioners will be responsible and accountable to the public for the totality of policing. To help them deliver this remit, the Home Secretary will issue a strategic policing requirement which will guide them on their responsibilities for serious and cross-boundary policing challenges, such as terrorism, organised crime, public order, cybercrime and responding to major incidents and emergencies. Police and crime commissioners and chief constables will be under strong duties to have regard to this requirement.

These issues already stretch and challenge the police service. The strategic policing requirement is about addressing these existing challenges, often referred to as level 2 gap, rather than responding to a new problem created by the introduction of police and crime commissioners. It is for this reason that, even though it will not have statutory effect until next year, the Government intend to publish a shadow strategic policing requirement later this year. It will support forces and authorities in their planning and allow time for further testing and consultation.

It could not be further from the truth that police and crime commissioners will be the sort of people who will just be on the periphery of serious issues that affect local and national policing and crime issues. They will be of a different calibre. Working with the chief constable or the commissioner, they will address these issues and ensure that they are contained within their local plan. I refute the idea that this is about populist politics, with candidates appealing to people just by saying how many police officers they are going to march up and down the high street each week. These are serious issues and they will require serious people of substance to address them.

We have had a lot of debate, during the Report and Committee stages, about the independence of chief officers. Much has been made of this. The protocol that has been negotiated has been put together and agreed with ACPO, the Association of Police Authorities and the Association of Police Authority Chief Executives. All parties have agreed on the text in general, and there are few amendments to be made following this consultation.

We put this on a statutory basis not for the sake of the fine detail, but so that the requirement for the protocol will have a statutory basis. This is to ensure that the important relationship between the police and crime commissioner and the chief constable will not overreach in such a way as to affect the operational independence and decision-making of chief officers. This was a matter of great concern in this House and we worked very hard with all parties to get the balance right. I welcome the contribution made by noble Lords in this matter.

The Government believe that a single accountable individual should hold the police to account, and that person should be democratically elected by the public in their police force area. The strength of this model is that local councillors will still be involved in the governance of policing while an elected individual takes executive decisions supported by a highly qualified team. The principle of one accountable individual being directly responsible for the totality of force activity is crucial to our vision. I pay tribute to those who have given up much of their time to police authorities, but policing governance by committee has meant that an unelected body has the power over the level of the precept. It has meant that no one is properly held to account for decisions or poor performance and no one is truly in charge. Even police authority chairs are first among equals, they are not decision-making leaders. That situation would continue and probably worsen under the proposals before the House tonight.

I turn to the noble Lord, Lord Condon, who spoke to his amendment. I do not believe that the lesson of the riots is as he described—that everything in policing is fine. The noble Lord persuasively argued in earlier stages of the Bill against the uncertainties of further delay. He admitted that in his remarks. He was right then, and it makes sense to bring this new form of accountability in good time.

The noble Lord, Lord Ramsbotham, mentioned the fact that he believed that the country was not at peace with itself. I was struck by that remark, if I have interpreted it correctly.

[Lord Ramsbotham]

I said that much of it was not at peace with itself.

[Baroness Browning]

I stand corrected—much of it was not at peace with itself. However, it has occurred to me that, despite our lengthy debate on these amendments, very little was said about the public and accountability, and the way in which the public can hold to account the policing in their force areas and local communities—something that is at the heart and core of this legislation. It is about the public. It is about accountability.

Last week I attended the meeting of the All-Party Parliamentary Group on Retail and Business Crime. One of the biggest issues that its members wanted to raise with me was that 40 per cent of business crime goes unreported. Although it was an all-party group, representatives from the business community were there, including the Federation of Small Businesses and many others representing that community. When we started to drill down as to why 40 per cent of business crime goes unreported, the general consensus seemed to be that there was not much point. That cannot be right. It cannot be right that crime on that level is regarded in this country today as being not worth reporting. One has to ask the question why, and the answer is self-evident. It is not the case all around the country—the figure varies from one place to another. Others take more interest. However, it is very important that the police are not only held accountable but that in their local force areas they have a clear understanding of what the policing needs and requirements of their communities are. That would apply as much to business as it does to the individual householder. At the moment that does not happen.

[Baroness Farrington of Ribbleton]

It is not true.

[Baroness Browning]

The noble Baroness says that it is not true. If that were the case the level of unreported business crime would not be 40 per cent. People would think that it was worth reporting and would be pleased with the outcome. Something different has to happen. People have to feel that they are represented. People feel that they have to be represented by someone whom they have chosen. I hear what has been said by noble Lords from across the House in this debate, but I have to say that democracy is actually about trusting the people to vote for the right person, and trusting the people to understand, which of course they do, that they then have a voice. I have to say that I am disappointed that no one—not once—in this debate has mentioned the need for the people to have a voice, which is what this legislation gives them. I give way to the noble Lord.

[Lord Harris of Haringey]

I am all in favour of the public having a voice, but what the noble Baroness has so passionately spoken about is the business community. Unless she is advocating a business franchise for the election of police and crime commissioners, that problem will not be solved by this. The reality is that the police service should be consulting the business community and listening to it, but this legislation does not require that because it places no such obligation on them. The only way that you would get that in terms of the noble Baroness’s arguments would be by the creation of a business franchise. I am pleased to see that that is not part of the Government’s proposals.

[Baroness Browning]

I have to say to the noble Lord that I observed with horror what happened to small businesses in the riots. I would not in any way dismiss the needs of small businesses. They are individuals; they are husband-and-wife teams running small shops and other small businesses up and down the country. One of the other messages that I received quite clearly at the all-party group last week was that these businesses and business organisations are already making plans to talk to people who want to stand as candidates to be police and crime commissioners, because those businesses want them to have a much clearer understanding of what their needs are in terms of law and order. It is not just about their businesses—whether they have had a shop theft or something such as that—but about the whole community in which they operate. They care about what happens on the pavements outside their businesses. They care about the wider community. These are people. These are voters. They need a voice and this legislation will give them that voice.

These reforms are essential to address that democratic deficit in policing, to end the era of central government’s bureaucratic control, to reduce crime and antisocial behaviour and to drive value for money. Chief constables will be liberated to be crime fighters rather than government managers—free to run their own workforces for the first time ever.

[Lord Hunt of Kings Heath]

The noble Baroness says that police chief constables will be liberated. How on earth can that be the case when they will come under the direct control of a party politician? Based on US experience, the average length of stay is no more than two years. How can she defend the situation that we already see in London, where in a single term the Mayor of London is now on his third police commissioner? That is not liberation. It is the political control of police chiefs that will be a disaster to our policing.

[Baroness Browning]

The noble Lord simply does not seem to understand the difference between control and accountability. I notice that the word accountability has not been used by him at all.

[Lord Hunt of Kings Heath]

With the greatest of respect to the noble Baroness, I used the word accountability. I said in my opening speech that I favour enhanced accountability.

[Baroness Browning]

Enhanced accountability, but not through the public, for the public and by the public. That is the difference between us. Let us make no bones about it, it is now very clear that it is accountability but on certain terms. The terms of the Bill are that the accountability is such that the public will elect the person who on their behalf will hold the police to account in their police area. That is the difference, and I am grateful to the noble Lord for having established the fundamental difference between his interpretation of accountability in this matter and what is in the Bill.

Police officers will benefit from a less bureaucratic system where discretion is restored and where the chief constable has a strong interest in driving out waste and prioritising the front line. Local authorities will benefit from a continuing say in the governance of policing, and district councils will have a role for the very first time. The taxpayer will see better value for money as commissioners, who will have responsibility for the precept, focus relentlessly on efficiency in their forces. Local policing will benefit from a strong democratic input, focusing attention on issues of public concern. The Home Office will be focused on its proper role, especially to address national threats and to co-ordinate strategic action and collaboration between forces. Above all, the public will have a voice in how they are policed.

Police and crime commissioners have the mandate to reflect public concern on crime. Democratic accountability in policing is needed and we agree on this. If so, there can be no question as to whether these amendments from the other place should be agreed. I ask that the House not agree to Motions A1, A2, A3 and A4. I agree with Motion A.

[Baroness Harris of Richmond]

My Lords, I have listened to my noble friend the Minister but with a very heavy heart. I have tried throughout this Bill to rehearse all the arguments around the construction of a police and crime commission. It is clear that I have not been able to convince the coalition Government or my colleagues—or most of them—or the other place, which makes the final decisions on our amendments, to agree with me. However, I would not be at all surprised if this legislation were to be amended again before it is ever implemented. I predict that elements of it will have to be looked at again in the police Bill that is due to be published next year on national police landscape proposals. If it is not dealt with there then another Bill will have to be brought before Parliament within the next three years. I will not relish saying “I told you so” at that point. It would be far better to provide a sensible corporate governance framework now. I will support the amendments of other noble Lords to delay the legislation—especially the Motion proposed by the noble Lord, Lord Condon. I hope that this will provide adequate time for the Government to reconsider and see some sense. In that somewhat forlorn hope, and with great weariness and reluctance, I beg leave to withdraw my Motion.